Results 761-780 of 1,338 for speaker:Kathleen O'Meara

Seanad: Order of Business. (15 Jun 2004)

Kathleen O'Meara: I extend my commiseration to the parties opposite and I advise them to brace themselves for what is ahead. They probably already know from the comments of backbenchers——

Seanad: Order of Business. (15 Jun 2004)

Kathleen O'Meara: They should enjoy it while they are here as God knows what will happen after the next election.

Seanad: Order of Business. (15 Jun 2004)

Kathleen O'Meara: We know we are all subject to the vagaries of the electorate. From listening to people on the doorsteps and to the backbenchers' comments in the media, some of which were attributed, it is clear there is a long list of issues about which people are concerned. Two issues are of particular concern and they are linked. One is the impact of the Hanly report, which will be even bigger if the...

Seanad: Order of Business. (15 Jun 2004)

Kathleen O'Meara: If decentralisation is not delivered, there are areas around the country which will be very annoyed at the Government. These issues are linked. Public servants should have a look at where the Government intends them to go and check whether the hospital that is there now will be there when they get there.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: Senator Henry has raised the questions I wanted to ask. I look forward to the Minister's response and commend him on his open approach to the views expressed in the House and elsewhere on this fundamental element of the legislation. I seek the Chair's guidance on a matter and the Minister's response thereto. The Minister will return to Government to discuss whether to impose a limitation...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: It is not my intention to delay the House on procedural issues and I accept the Chair's ruling. The business of the day has been ordered but we were not aware the Minister was taking this approach. It is also not my intention to delay the legislation and I accept it is urgent and needs to be on the Statute Book as soon as possible. The House is not in the habit of delaying legislation....

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I move amendment No. 9: In page 8, between lines 17 and 18, to insert the following subsection: "(2) The amendment effected by this section shall not apply to actions for personal injuries arising from medical negligence or other actions falling outside the jurisdiction of the Personal Injuries Assessment Board, or to actions for personal injuries which are so serious as significantly to...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: No, it is not being pressed today. However, when this amendment comes back it will be a fairly significant amendment to the legislation and because it will be Report Stage, we will not be able to have the broad debate all Senators would like to have. I welcome the Minister's approach and look forward to seeing what he returns with. However, I regret that we are taking the wrong approach in...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I move amendment No. 11: In page 8, subsection (1), line 19, to delete "2" and substitute "4". This amendment deals with the letter of claim, to which the Minister referred earlier. The person intending to bring an action has not more than two months to lodge the letter of claim. The section states that the two months should be not later than two months after the date of accrual of the cause...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I agree generally with everything the Minister said. However, it can be achieved more fairly in four months. If the amendment suggested one year the Minister would have a case to make. The request that the period in question be extend from two to four months is not unreasonable. I am not a legal practitioner and do not spend time in the courts. I do not know the minds of judges. The Minister...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I move amendment No. 13: In page 8, subsection (2), to delete lines 26 to 29, and substitute "may deduct from any costs payable to the plaintiff such amount, if any, of additional costs as has been incurred by the late service or non-service of a letter of claim.". This amendment refers also to section 7 and relates to the discussion we had. The purpose of the amendment is to make the...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: As a former practitioner, the Minister has probably greater insight, but I am surprised at his remark about the difficulty of calculating the extra costs of the defendant. I think there would be nobody better to calculate the additional costs on the defendant and the defendant's legal adviser than the legal adviser himself. They are good at issuing bills and I do not know any office that does...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I move amendment No. 15: In page 9, subsection (2), line 20, after "summons" to insert "shall be in such form (if any) as may be prescribed by rules of court and". This is a technical amendment designed to make clear that the rules of court may specify the form of the summons, provided that the information listed in section 9 is included.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I move amendment No. 16: In page 9, between lines 37 and 38, to insert the following subsection: "(3) A Statement of Claim shall not be required in a personal injuries action in the High Court and a defendant shall join issue on a personal injuries summons by delivering a defence thereto within twenty-one days from the service of the personal injuries summons.". Under this Bill the personal...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I agree with the Minister, but will the Courts Service do that or will he prompt them?

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I move amendment No. 17: In page 10, subsection (1), line 10, after "with" to insert "the following information so far as it is known to him or her". Some of the information referred to in this section, for instance, medical particulars under section 10(1)(c) would not necessarily known to a plaintiff and, accordingly, it seems appropriate to make clear that only the information known to the...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I will accept what the Minister says. Amendment, by leave, withdrawn.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I move amendment No. 18: In page 10, between lines 21 and 22 to insert the following subsection: "(2) Upon the request of a plaintiff in a personal injuries action, the defendant shall provide the plaintiff with full particulars of any matter alleged in the defence of the defendant and such other information as may reasonably be requested by the plaintiff within the knowledge of the defendant...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I will consider what the Minister is saying. Amendment, by leave, withdrawn. Section 10 agreed to.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I move amendment No. 19: In page 11, subsection (1)(d), line 18, after "alleges" to insert "and full particulars of the acts of the plaintiff constituting any alleged negligence or contributory negligence". This amendment makes a similar point, so I do not expect that the Minister will accept it. However, it concerns the requirements of a defence, which are more limited in this Bill than in...